Collyer

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KAREN COLLYER, Case No. 23-cv-00296-AMO

8 Plaintiff,

ORDER GRANTING IN PART AND

9 v. DENYING IN PART DEFENDANT’S

MOTION TO DISMISS

10 CATALINA SNACKS INC., Re: Dkt. No. 16 Defendant. 11

12 13 Defendant Catalina Snacks, Inc.’s motion to dismiss was heard before this Court on 14 September 14, 2023. Having read the papers filed by the parties and carefully considered their 15 arguments therein and those made at the hearing, as well as the relevant legal authority, the Court 16 hereby GRANTS in part and DENIES in part Defendant’s motion, for the following reasons. 17 BACKGROUND1 18 This is a putative consumer fraud class action. Defendant Catalina Snacks, Inc. 19 (“Catalina”) sells Catalina Crunch Keto Friendly Cereals in numerous varieties, including 20 Chocolate Banana, Honey Graham, Mint Chocolate, and Apple Cider Donut. Compl. ¶ 2. 21 Plaintiff Karen Collyer purchased the Chocolate Banana and Honey Graham flavors of the 22 Catalina…